Madras High CourtCRL OP(MD)/2730/2016closed

Mohamed Kalanjiam @ Shariff v. The Inspector Of Police

2016-02-16Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2730 of 2016 Mohamed Kalanjiam @ Shariff ... Petitioner vs.

1. The Inspector of Police Aranthangi Town Police Station Aranthangi, Aranthangi Taluk Pudukottai District

2. The Superintendent of Police Pudukottai, Pudukottai District ... Respondents PRAYER: This petition is filed under Section 482 Cr.P.C., to direct the first respondent herein to register a case on the report given to petitioner dated 18.01.2016, to investigate the same and to prosecute the accused Noor Mohamed, s/o.Syed Ravuthar. For Petitioner : Mr.J.M.Hassanulbazari For Respondents : Mr.K.V.Rajarajan, G.A.(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking direction upon the first respondent to register a case, based on his complaint, dated 18.01.2016.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. On reading of the complaint, dated 18.01.2016, it is seen that the dispute between the petitioner and the opposite party is essentially civil in nature inasmuch as rendition of accounts and in order to give a criminal colour to it, the petitioner has alleged that he was intimidated by the opposite party. Under such circumstances, no positive direction can be given to the respondent Police to register a case. Accordingly, this criminal https://hcservices.ecourts.gov.in/hcservices/

original petition is dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar krk To 1.The Inspector of Police, Aranthangi Town Police Station, Aranthangi, Aranthangi Taluk, Pudukottai District.

2.The Superintendent of Police, Pudukottai, Pudukottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

GJM/SKS/RR/25.2.16-2p-4C Crl.O.P(MD)No.2730 of 2016 Dated : 16/02/2016 https://hcservices.ecourts.gov.in/hcservices/